This criminal miscellaneous writ petition seeks a direction for fair and impartial investigation into a case involving unnatural death by poison. The court directed the investigating officer to complete the investigation within eight weeks.
Direction to the Investigating Officer to complete investigation within eight weeks.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 27864 of 2017
Petitioner :- Tirth Dev Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2, 3 and 4 and perused the record.
The instant petition seeks a direction upon the respondents 2 and 4 to conclude the investigation of Case Crime No.95 of 2016, Police Station Thakurdwara, District Moradabad, in a fair and impartial manner. An alternative prayer has also been made that the investigation be transferred either to C.B.C.I.D. or to any other investigating agency.
In brief, the facts of the case are that an F.I.R. was lodged by the petitioner at Police Station Thakurdwara, District Moradabad in respect of death of his daughter. It was alleged that the daughter was being harassed in connection with demand of dowry and for that reason, she was killed.
The postmortem report of the deceased could not reveal the cause of death and, therefore, the viscera was preserved for chemical examination.
According to the learned counsel for the petitioner, the chemical examination of the viscera disclosed consumption of poisonous substance. It has been submitted that despite there being material on record to show unnatural death of the deceased, without properly carrying out investigation, a final report was submitted to which a protest petition was filed before the Court of Chief Judicial Magistrate, Moradabad. Upon which, the Chief Judicial Magistrate, Moradabad, by his order, dated 07.03.2017, directed for further investigation in the matter after noticing the lapses in the investigation.
Considering the averments made in the petition, a counter affidavit was called from the respondents.
It appears that a short counter affidavit has been filed on behalf of the respondent nos.2, 3 and 4 but it has not been placed on
record. However, a copy of the counter affidavit has been supplied by the learned A.G.A., which has been taken on record.
A perusal of the counter affidavit would reveal that the investigation of the case has been transferred to the Crime Branch, Moradabad, by order of the Additional Director General of Police, Bareilly Zone Bareilly. It appears that the investigation is still pending.
In view of the above, we deem it appropriate to dispose off this petition by providing that the Investigating Officer of the case shall ensure completion of the investigation of the matter preferably within a period of eight weeks from the date a certified copy of this order is served upon him.
Order Date :- 16.4.2019
m.a.
2 issues framed by the court
Whether the petitioner is entitled to a direction for fair and swift investigation into the incident involving the death of his daughter.
Whether the investigation should be concluded within a specific time frame.
Tirth Dev Singh
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
